RCW 82.04.065
Telephone, telecommunications, and ancillary
services -- Definitions. (Contingency, see note following RCW 82.04.530.)
(1) "Competitive telephone service" means the
providing by any person of telecommunications equipment or
apparatus, or service related to that equipment or apparatus such
as repair or maintenance service, if the equipment or apparatus
is of a type which can be provided by persons that are not
subject to regulation as telephone companies under Title 80 RCW
and for which a separate charge is made.
(2) "Ancillary services" means services that are associated
with or incidental to the provision of "telecommunications
services," including but not limited to "detailed
telecommunications billing," "directory assistance," "vertical
service," and "voice mail services."
(3) "Conference-bridging service" means an ancillary service
that links two or more participants of an audio or video
conference call and may include the provision of a telephone
number. "Conference-bridging service" does not include the
telecommunications services used to reach the conference bridge.
(4) "Detailed telecommunications billing service" means an
ancillary service of separately stating information pertaining to
individual calls on a customer's billing statement.
(5) "Directory assistance" means an ancillary service of
providing telephone number information, and/or address
information.
(6) "Vertical service" means an ancillary service that is
offered in connection with one or more telecommunications
services, that offers advanced calling features that allow
customers to identify callers and to manage multiple calls and
call connections, including conference-bridging services.
(7) "Voice mail service" means an ancillary service that
enables the customer to store, send, or receive recorded
messages. "Voice mail service" does not include any vertical
services that the customer may be required to have in order to
use the voice mail service.
(8) "Telecommunications service" means the electronic
transmission, conveyance, or routing of voice, data, audio,
video, or any other information or signals to a point, or between
or among points. "Telecommunications service" includes such
transmission, conveyance, or routing in which computer processing
applications are used to act on the form, code, or protocol of
the content for purposes of transmission, conveyance, or routing
without regard to whether such service is referred to as voice
over internet protocol services or is classified by the federal
communications commission as enhanced or value added.
"Telecommunications service" does not include:
(a) Data processing and information services that allow data
to be generated, acquired, stored, processed, or retrieved and
delivered by an electronic transmission to a purchaser where such
purchaser's primary purpose for the underlying transaction is the
processed data or information;
(b) Installation or maintenance of wiring or equipment on a
customer's premises;
(c) Tangible personal property;
(d) Advertising, including but not limited to directory
advertising;
(e) Billing and collection services provided to third
parties;
(f) Internet access service;
(g) Radio and television audio and video programming
services, regardless of the medium, including the furnishing of
transmission, conveyance, and routing of such services by the
programming service provider. Radio and television audio and
video programming services include but are not limited to cable
service as defined in 47 U.S.C. Sec. 522(6) and audio and video
programming services delivered by commercial mobile radio service
providers, as defined in section 20.3, Title 47 C.F.R.;
(h) Ancillary services; or
(i) Digital products delivered electronically, including but
not limited to software, music, video, reading materials, or ring
tones.
(9) "800 service" means a telecommunications service that
allows a caller to dial a toll-free number without incurring a
charge for the call. The service is typically marketed under the
name "800," "855," "866," "877," and "888" toll-free calling, and
any subsequent numbers designated by the federal communications
commission.
(10) "900 service" means an inbound toll "telecommunications
service" purchased by a subscriber that allows the subscriber's
customers to call in to the subscriber's prerecorded announcement
or live service. "900 service" does not include the charge for:
Collection services provided by the seller of the
telecommunications services to the subscriber, or services or
products sold by the subscriber to the subscriber's customer.
The service is typically marketed under the name "900" service,
and any subsequent numbers designated by the federal
communications commission.
(11) "Fixed wireless service" means a telecommunications
service that provides radio communication between fixed points.
(12) "Mobile wireless service" means a telecommunications
service that is transmitted, conveyed, or routed regardless of
the technology used, whereby the origination and/or termination
points of the transmission, conveyance, or routing are not fixed,
including, by way of example only, telecommunications services
that are provided by a commercial mobile radio service provider.
(13) "Paging service" means a telecommunications service
that provides transmission of coded radio signals for the purpose
of activating specific pagers; these transmissions may include
messages and/or sounds.
(14) "Prepaid calling service" means the right to access
exclusively telecommunications services, which must be paid for
in advance and which enable the origination of calls using an
access number or authorization code, whether manually or
electronically dialed, and that is sold in predetermined units or
dollars of which the number declines with use in a known amount.
(15) "Prepaid wireless calling service" means a
telecommunications service that provides the right to use mobile
wireless service as well as other nontelecommunications services
including the download of digital products delivered
electronically, content, and ancillary services, which must be
paid for in advance and that is sold in predetermined units or
dollars of which the number declines with use in a known amount.
(16) "Private communications service" means a
telecommunications service that entitles the customer to
exclusive or priority use of a communications channel or group of
channels between or among termination points, regardless of the
manner in which the channel or channels are connected, and
includes switching capacity, extension lines, stations, and any
other associated services that are provided in connection with
the use of the channel or channels.
(17) "Value-added nonvoice data service" means a service
that otherwise meets the definition of telecommunications
services in which computer processing applications are used to
act on the form, content, code, or protocol of the information or
data primarily for a purpose other than transmission, conveyance,
or routing.
(18) "Charges for mobile telecommunications services" means
any charge for, or associated with, the provision of commercial
mobile radio service, as defined in section 20.3, Title 47 C.F.R.
as in effect on June 1, 1999, or any charge for, or associated
with, a service provided as an adjunct to a commercial mobile
radio service, regardless of whether individual transmissions
originate or terminate within the licensed service area of the
mobile telecommunications service provider.
(19) "Customer" means: (a) The person or entity that
contracts with the home service provider for mobile
telecommunications services; or (b) the end user of the mobile
telecommunications service, if the end user of mobile
telecommunications services is not the contracting party, but
this subsection (19)(b) applies only for the purpose of
determining the place of primary use. The term does not include
a reseller of mobile telecommunications service, or a serving
carrier under an arrangement to serve the customer outside the
home service provider's licensed service area.
(20) "Designated database provider" means a person
representing all the political subdivisions of the state that is:
(a) Responsible for providing an electronic database
prescribed in 4 U.S.C. Sec. 119(a) if the state has not provided
an electronic database; and
(b) Approved by municipal and county associations or leagues
of the state whose responsibility it would otherwise be to
provide a database prescribed by 4 U.S.C. Secs. 116 through 126.
(21) "Enhanced zip code" means a United States postal zip
code of nine or more digits.
(22) "Home service provider" means the facilities-based
carrier or reseller with whom the customer contracts for the
provision of mobile telecommunications services.
(23) "Licensed service area" means the geographic area in
which the home service provider is authorized by law or contract
to provide commercial mobile radio service to the customer.
(24) "Mobile telecommunications service" means commercial
mobile radio service, as defined in section 20.3, Title 47 C.F.R.
as in effect on June 1, 1999.
(25) "Mobile telecommunications service provider" means a
home service provider or a serving carrier.
(26) "Place of primary use" means the street address
representative of where the customer's use of the mobile
telecommunications service primarily occurs, which must be:
(a) The residential street address or the primary business
street address of the customer; and
(b) Within the licensed service area of the home service
provider.
(27) "Prepaid telephone calling service" means the right to
purchase exclusively telecommunications services that must be
paid for in advance, that enables the origination of calls using
an access number, authorization code, or both, whether manually
or electronically dialed, if the remaining amount of units of
service that have been prepaid is known by the provider of the
prepaid service on a continuous basis.
(28) "Reseller" means a provider who purchases
telecommunications services from another telecommunications
service provider and then resells, uses as a component part of,
or integrates the purchased services into a mobile
telecommunications service. "Reseller" does not include a
serving carrier with whom a home service provider arranges for
the services to its customers outside the home service provider's
licensed service area.
(29) "Serving carrier" means a facilities-based carrier
providing mobile telecommunications service to a customer outside
a home service provider's or reseller's licensed service area.
(30) "Taxing jurisdiction" means any of the several states,
the District of Columbia, or any territory or possession of the
United States, any municipality, city, county, township, parish,
transportation district, or assessment jurisdiction, or other
political subdivision within the territorial limits of the United
States with the authority to impose a tax, charge, or fee.
[2007 c 6 § 1003; 2007 c 6 § 1002; 2002 c 67 § 2; 1997 c 304 § 5; 1983 2nd ex.s. c 3 § 24.]
NOTES:
Part headings not law -- Savings -- Effective date -- Severability -- 2007 c 6: See notes following RCW 82.32.020.
Findings -- Intent -- 2007 c 6: See note following RCW 82.14.495.
*Contingent effective date -- 2007 c 6 §§ 1003, 1006, 1014, and 1018: "Sections 1003, 1006, 1014, and 1018 of this act take effect the later of: The date chapter 67, Laws of 2002, becomes null and void; or July 1, 2008." [2007 c 6 § 1707.]
*Reviser's note: 2002 C 67 § 18 was repealed by 2007 c 54 § 2 without cognizance of its amendment by 2007 c 6 § 1701. That section has been decodified for publication purposes under RCW 1.12.025.
Finding -- Contingency -- Court judgment -- Effective date -- 2002 c 67: See note and Reviser's note following RCW 82.04.530.
Findings -- Severability -- Effective date -- 1997 c 304: See notes following RCW 35.21.717.
Construction -- Severability -- Effective dates -- 1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
License fees or taxes on telephone business by cities: RCW 35.21.712 through 35.21.715.
Sales tax exemption for certain telephone, telecommunications, and ancillary services: RCW 82.08.0289.